Confidentiality Rules

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MEDIATION CONFIDENTIALITY RULES DEVELOPED BY THE ATTORNEY GENERAL AS AUTHORIZED BY ORS 36.224

ORS 36.220 through 36.238 authorize state agency participation in a confidential mediation. For most agencies, the confidentiality and inadmissibility provisions of this law are available only by adopting rules developed by the Attorney General pursuant to ORS 36.224. The Attorney General has developed two mediation confidentiality rules: A rule for the mediation of workplace interpersonal disputes and a rule covering most other mediations. Agencies may adopt either rule or both rules. With the passage of SB 189 (2015) the adoption of mediation confidentiality rules has changed. This webpage explains those changes. The most current rules were adopted on October 27th, 2015 and can be found below. See 137-005-0050 regarding the process for adoption of mediation confidentiality rules.

Mediation Confidentiality Rules Adopted Prior to May 22, 2015

Many state agencies adopted mediation confidentiality rules prior to the passage of SB 189 (2015). A list of those rules can be found at: http://www.doj.state.or.us/adr/pages/adr20.aspx. Agencies that have previously adopted mediation confidentiality rules may still rely on those rules.

Temporary Mediation Confidentiality Rules, Effective May 22, 2015

In order to comply with ORS 36.224 as amended by SB 189 (2015) the Attorney General adopted temporary mediation confidentiality rules 137-005-0052 and 137-005-0054 and amended model rule 137-005-0050 on May 22, 2015. These temporary mediation confidentiality rules are substantially similar to the previous mediation confidentiality rules in 2014. As noted above, agencies who adopted a mediation confidentiality rule prior to May 22, 2015 may still rely on those rules.

2015 and 2016 Mediation Confidentiality Rulemaking Activity

A Rulemaking Advisory Committee was convened to review the May 22, 2015 temporary rules and make recommendations for permanent rules that were adopted on October 27th, 2015. The Advisory Committee also met twice in 2016 to discuss issues related to state agency mediation confidentiality that were raised during the earlier rulemaking. See committee documents below: